Karnataka High Court
Smt Hemavathi vs Smt Prathibha Hebbar on 23 June, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2023:KHC:21768
RFA No. 1011 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 1011 OF 2019 (DEC/PAR)
Digitally signed BETWEEN:
by ANUSHA V
Location: HIGH 1. SMT. HEMAVATHI
COURT OF W/O NARAYANA RAO
KARNATAKA D/O LATE PANDITH SHIVA RAO
AGED ABOUT 85 YEARS
R/AT DEVASTANAM BEEDHI
NEAR DHARMASTHALA DEVASTHANAM
DHARMASTALA
DAKSHINA KANNADA DISTRICT
2. SMT. H. RAMA BAI
W/O LATE P.G. NAGESH RAO
D/O LATE PANDITH SHIVA RAO
AGED ABOUT 80 YEARS
R/AT HOUSE NO. 141
5TH PHASE, 9TH BLOCK
YELAHANKA NEW TOWN
BENGALURU-560 064.
SMT. MEERA L. PAREEKA
(SINCE DEAD)
3. MRS. SAPNA NATESH RAO
D/O LATE MEERA L. PAREEKA
AGED ABOUT 48 YEARS
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NC: 2023:KHC:21768
RFA No. 1011 of 2019
4. MRS. SAHANA PRAKASH
D/O LATE MEERA L. PAREEKA
AGED ABOUT 45 YEARS
5. MRS. RASHMI RAO
D/O LATE MEERA L. PAREEKA
AGED ABOUT 43 YEARS
6. MR. KRUTARTH LAXMINARAYANA PARIKA
S/O LATE MEERA L. PAREEKA
AGED ABOUT 40 YEARS
7. MRS. SHWETHA AJA UDUPI
D/O LATE MEERA L. PAREEKA
AGED ABOUT 38 YEARS
ALL ARE RESIDING AT
62/A, SHIVATHATMICA, 2ND MAIN
4TH CROSS, HANUMANTH NAGAR
BENGALURU-560 019.
8. SRI. K. NARAYAN RAO
HUSBAND OF LATE SMT. JAYANTHI
SON IN LAW OF LATE PANDITH SHIVA RAO
AGED ABOUT 70 YEARS
R/AT NO.148, SUSWAROOP COLONY
465 B, SADAS BAZAR
SATARA-415 001.
MAHARASHTRA
9. SRI. K.N. MOHAN RAO
S/O LATE K. NARAYANA RAO
GRAND SON OF LATE PANDITH SHIVA RAO
AGED ABOUT 42 YEARS
R/AT NO.148, SUSWAROOP COLONY
465 B, SADAR BAZAR
SATARA-415 001.
MAHARASHTRA
10. SMT. K.N. ARCHANA RAO
D/O LATE K. NARAYANA RAO
GRAND SON OF LATE PANDITH SHIVA RAO
AGED ABOUT 39 YEARS
R/AT C/O NITIN KANASE
NO.50, VIJAYA LAXMI KANGA COLONY
SADAR BAZAR
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NC: 2023:KHC:21768
RFA No. 1011 of 2019
SATARA-415 001.
MAHARASHTRA
11. SMT. VIJAYA LAXMI @ VIJAYA RAO
D/O LATE PANDITH SHIVA RAO
AGED ABOUT 62 YEARS
R/AT HOUSE NO. 141
5TH PHASE, 9TH BLOCK
YELAHANKA NEW TOWN
BENGALURU-560 064. ...APPELLANTS
(BY SHRI. AJIT KALYAN, ADVOCATE)
AND:
1. SMT. PRATHIBHA HEBBAR
W/O LATE VENKATESH HEBBAR
D/O LATE CHANDRASHEKHAR RAO
AGED ABOUT 39 YEARS
R/AT ANAND RESIDENCY
BAPPANADU, DURGAPARAMESHWARI
TEMPLE ROAD, BAPPANAD VILLAGE
MULKY-574 154.
2. SMT. MANORAMA RAO
W/O LATE H. PRABHAKAR RAO
D/IN/LAW OF LATE PANDITH SHIVA RAO
AGED ABOUT 61 YEARS
R/AT NO. 1223/B, 23RD CROSS
23RD MAIN, BSK 2ND STAGE
BENGALURU-560 002.
3. SRI. H.P. PRADEEP RAO
S/O LATE H. PRABHAKAR RAO
GRANDSON OF LATE PANDITH SHIVA RAO
AGED ABOUT 43 YEARS
R/AT NO 1223/B, 23RD CROSS
23RD MAIN, BSK 2ND STAGE
BENGALURU-560 062.
4. THE BRANCH MANAGER
INDIAN OVERSEAS BANK
KARNAD BRANCH
MULKI MAIN ROAD
KARNADU-574 154.
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NC: 2023:KHC:21768
RFA No. 1011 of 2019
5. THE MANAGER
INDIAN OVERSEAS BANK
CENTRAL OFFICE AT 762
ANNA SALAI
MADRAS-600 002.
TAMIL NADU
6. MATHA DEVELOPERS PVT LTD
A COMPANY INCORPORATED UNDER
THE INDIAN COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
THARA TOWERS, MRPL ROAD
SURATHKAL,MANGALURU.
REP BY ITS MANAGING DIRECTOR
SRI. N. SANTOSH KUMAR SHETTY
S/O KITTANNA SHETTY
AGED ABOUT 44 YEARS
OPP BHARATH BEEDI WORKS. ...RESPONDENTS
(BY SHRI. K. CHANDRANATH ARIGA, ADVOCATE FOR
C/R1 AND R6 [ABSENT])
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1
OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.03.2019
PASSED IN O.S.NO.36/2016 ON THE FILE OF THE III ADDITIONAL
SENIOR CIVIL JUDGE AND ACJM, MANGALURU.D.K, DISMISSING THE
SUIT FOR DECLARATION AND PARTITION.
THIS RFA, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
Shri Ajith Kalyan, learned advocate for the appellants has filed a memo of even date stating that the appellants have taken back the file nearly one year back and he has no instructions in the matter. -5-
NC: 2023:KHC:21768 RFA No. 1011 of 2019
2. Memo be kept in record. Appeal is dismissed for non-prosecution.
No costs.
Sd/-
JUDGE Sd/-
JUDGE YN List No.: 1 Sl No.: 6